In what circumstances will the prosecution be able to admit to admitting a tape of a defendant who is not a witness to cross-examination?
MultiRegion, United States of America
The following excerpt is from U.S. v. Kenny, 645 F.2d 1323 (9th Cir. 1981):
Finally, there is no confrontation problem involving non-testifying codefendants as in Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). Lab was available for cross-examination by Kenny, under an express understanding with the prosecutor, alleviating the confrontation problem. Nelson v. O'Neil, 402 U.S. 622, 626, 91 S.Ct. 1723, 1726, 29 L.Ed.2d 222 (1971). In our view, therefore, no barrier existed to admitting the tape against Kenny as was done below. 18
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